BILL ANALYSIS Ó
AB 156
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Date of Hearing: May 1, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 156 (Holden) - As Amended: March 6, 2013
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill expands existing authorization for wiretaps to include
the offense of human trafficking.
FISCAL EFFECT
Moderate state GF costs, in the range of $1 million, to the
extent expanding current authorization for wiretaps leads to an
increase in state prison commitments for human trafficking. Over
the past two years, 21 persons have been committed to state
prison under the human trafficking section. If this bill is
effective and results in just two additional commitments, the
annual GF cost would be in the range of $1 million in eight
years, assuming an average term of eight years at current per
capita prison costs.
COMMENTS
1)Rationale . The author contends the offense of human
trafficking warrants inclusion in California's wiretapping
statute.
Human trafficking, according to the California Department of
Justice (DOJ), "is the world's fastest growing criminal
enterprise and is an estimated $32 billion-a-year global
industry. After drug trafficking, human trafficking is the
world's second most profitable criminal enterprise, a status
it shares with illegal arms trafficking. Like drug and arms
trafficking, the United States is one of the top destination
countries for trafficking in persons. California - a populous
border state with a significant immigrant population and the
AB 156
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world's ninth largest economy - is one of the nation's top
four destination states for trafficking human beings?.
"The Internet and new technologies have also transformed the
landscape of human trafficking. Traffickers use social media
and other online tools to recruit victims and, in the case of
sex trafficking, find and communicate with customers. While
technology is being used to perpetrate human trafficking, that
same technology can provide a digital trail - a valuable
investigative tool for law enforcement to monitor, collect,
and analyze online data and activities."
2)Current law :
a) Authorizes the A.G. or the district attorney to apply to
the Superior Court for an order authorizing interception of
a wire, electronic pager, or electronic cellular phone
communication under specified circumstances. (Virtually all
orders are for cell phones.)
The crimes for which an interception order may be sought
include murder, solicitation to commit murder, bombing, use
or threat to use weapons of mass destruction, criminal gang
activity, and importation, possession for sale,
transportation, manufacture or sale of heroin, cocaine,
PCP, or methamphetamine. Written reports must be submitted
at the discretion of the court, but at least every 10 days,
to the judge who issues the order.
b) Provides that violating the personal liberty of another
with intent to obtain forced labor or services, is human
trafficking, punishable by 5, 8, or 12 years in state
prison and a fine of up to $500,000. With intent to
accomplish specified sex crimes, the offense is punishable
by 8, 14, or 20 years and a fine of up to $500,000.
c) Provides that causing or attempting to cause a minor to
engage in a commercial sex act, with the intent to effect
or maintain a violation of specified sex crimes is human
trafficking, punishable by 5, 8, or 12 years and a fine of
up to $500,000, or 15-years-to-life in prison and a fine of
up to $500,000 when the offense involves force, fear,
fraud, deceit, coercion, or violence.
AB 156
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Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081